The Reconstruction Of Our Country's Creditors Subrogation System

Creditors subrogation system is an important part of the debt preservation system. It is also a new established system by "The PRC Contract Law" which came into force on October 1,1999.Althouge it had been a long period of time up to now since it was putted into effect, the situation of the Creditors subrogation system'implementation in practice is still not satisfied. In reality, the practice of such a system used to protect creditors'right is limited. In order to solve the above-mentioned problems, many scholars carried out a great deal of analysis and research. But these research lack the needed extend and profundity, also have not figure out the Creditors subrogation system'limitation. The Creditors subrogation system's this embarrassing situation encountered in the real practice makes us have to careful analyze this system.In this thesis I will use many ways to give the Creditors subrogation system a system analysis, such as value analysis,comparison analysis,economy analysis and demonstration analysis. Through these analyses I put forward my own opinions about these questions: the value of setting up the creditors subrogation system; the object extension of the creditors subrogation system; how to set up the conservation subrogation system; how to conform the creditors subrogation system and the forced implementation system. My thesis is divided into five segments:The first segment: in this part I mostly use the value analysis, in order to demonstrate the value of setting up the creditors subrogation system and why this system can not be subrogated by the forced implementation system.The second segment: in this part I mostly use the comparison analysis to compare our country's creditors subrogation system with the correlative stipulations in other countries and areas. Through these comparisons I sum up the merits and limitations of our country's creditors subrogation system.The third segment: in this part I mostly the demonstration analysis to demonstrate the object extension of the creditors subrogation system. I analyze almost all the rights related to the debtor's estate, and demonstrate the reasons why them can or cannot be subrogated.The forth segment: in this part I put forward my opinions about how to set up the conservation system. In our country few scholars demonstrate this question.The fifth segment: in this part I mostly demonstrate the problem that why the...